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Criminal Appeal Act 1968
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- 1968 c. 19
- SCHEDULE 4
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Version Superseded: 01/04/2005
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- 01/02/1991- Amendment
- 01/04/2000
Point in time - 01/04/2005- Amendment
- 01/10/2009- Amendment
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Criminal Appeal Act 1968, SCHEDULE 4 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 48.
SCHEDULE 4E+W Procedural and other Modifications for Capital Cases
Appeal to Court of AppealE+W
1E+WIn the case of a conviction involving sentence of death the power of the criminal division of the Court of Appeal under section 18(3) of this Act to extend the time for giving notice of appeal, or notice of application for leave to appeal, shall not be exercisable.
2E+WIn the case of a conviction involving sentence of death—
(a)the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal under Part I of this Act may be given; and
(b)if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicable, and the sentence shall not be executed until after the determination of the appeal or, in cases where an application for leave to appeal is finally refused, of the application.
Appeal to House of LordsE+W
3E+WIn a case involving sentence of death, the power of the criminal division of the Court of Appeal or the House of Lords under section 34(2) of this Act to extend the time within which an application by the defendant may be made to that division or the House for leave to appeal under Part II of this Act shall not be exercisable.
4(1)Any application for leave to appeal under Part II of this Act in a case involving sentence of death, and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as practicable.E+W
(2)Where an appeal to the criminal division of the Court of Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time within which an application for leave to appeal to the House of Lords may be made; and if such an application is duly made the sentence shall not be executed while that application, and any appeal for which leave is granted thereon, is pending.
(3)Section 34(3) of this Act applies for the construction of this paragraph.
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